The Tim Hortons at ECMC is safe, for now.

A recent court ruling has ensured double-double's will flow in the city hospital's lobby through 2023.

ECMC has been trying to end its lease with Benderson Development early, citing the desire for healthy food options -- not Timbits -- in the hospital's lobby.

The Buffalo News reports:

Last year, ECMC sent a notice to Benderson telling it to “quit and surrender" the leased space by Dec. 16, prompting Benderson to seek a court injunction.

State Supreme Court Justice Timothy J. Walker granted Benderson's request Friday, saying "there is no mechanism by which (ECMC) may be permitted to reform the lease."

The judge urged Benderson and ECMC to come to a resolution on their own, and offered his help, reports the Buffalo News, saying the Erie County Legislature allowed the lobby space to be leased for retail in order to serve the hospital's visitors.

"You're in a crisis mode," Walker said of those who are at ECMC visiting patients. "You just need to get away for a minute or two. Without some convenience entity, such as a Tim Hortons, a Subway, whatever, a mom and pop coffee shop with deli sandwiches and a nice dill pickle, you might not have that momentary reprieve. -The Buffalo News

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The lease disagreement seems to center around two issues; Benderson's choice of predominantly fast-food tenants and a disagreement of the price Benderson is paying per square foot.

"The point is not lost on the court that (Benderson) has subleased the majority of the lobby space to fast food restaurants that typically do not provide an abundance of healthy food choices to its patrons within a hospital setting," Walker said in his ruling.


"Moreover, it is clear that the lobby space is no longer being leased to (Benderson) for a fair and reasonable consideration, as required by the local law."


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